Portland cannabis shop faces $10,000 lawsuit after customer hospitalized: Docs

The customer was diagnosed with THC overdose after taking one dose of a cannabis syrup, the lawsuit claims

FILE - Leaves of a Cannabis plant seen on display at the first ever Cannabis Exhibit at the California State Fair and Food Festival in Sacramento, Calif., July 14, 2022. A new law in California took effect on Jan. 1, 2023, that prevents employers from punishing workers for failing drug tests that detect when a person has used marijuana in recent days but do not detect whether the person is high. (AP Photo/Rich Pedroncelli,File)

FILE – Leaves of a Cannabis plant seen on display at the first ever Cannabis Exhibit at the California State Fair and Food Festival in Sacramento, Calif., July 14, 2022. A new law in California took effect on Jan. 1, 2023, that prevents employers from punishing workers for failing drug tests that detect when a person has used marijuana in recent days but do not detect whether the person is high. (AP Photo/Rich Pedroncelli,File)

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PORTLAND, Ore. (KOIN) – A Portland cannabis shop is facing a $10,000 lawsuit after a customer claims he ended up in the hospital after trying a THC product recommended by an employee, the lawsuit claims.

The lawsuit, which was first reported by The Oregonian, was filed December 30 by Skye Fitzgerald against Arcanna, a cannabis dispensary along Portland’s Northeast Fremont Street.

The lawsuit seeks the $10,000 in damages for negligence and personal injury.

The case stems from an incident in February 2024, when Fitzgerald visited Arcanna and asked an employee for help, telling the employee he was a “novice cannabis user with little to no experience using THC products,” the lawsuit claims.

The employee recommended a cannabis syrup and told Fitzgerald to follow the instructions on the bottle and to “take about a capful,” the lawsuit alleges, arguing that the recommendation by the employee to take the amount, which was commensurate with the bottle’s instructions — implied that the syrup was safe.

Once at home, Fitzgerald consumed one teaspoon of the syrup – per the bottle’s instructions – which was equal to 40.21 mg of THC, according to the complaint.

After taking the dose, Fitzgerald claims he experienced several symptoms including muscle spasms, psychomotor agitation, shortness of breath, vomiting, and elevated heart rate.

Fitzgerald was taken to an emergency department and placed under observation, where doctors noticed he was unable to walk without assistance, and later diagnosed him with THC overdose, the lawsuit says.

The complaint goes on to call the product “unreasonably dangerous,” because of the recommended dose, saying the product is more dangerous than an ordinary user would expect.

Before filing the lawsuit, Fitzgerald sent a letter to Arcanna and the business’ insurer, asking for payment for his noneconomic damages; however, the company did not pay, according to the lawsuit.

KOIN 6 News reached out to Arcanna. This story will be updated if we receive a response.

West

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